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2025 DAILYLAW 21939 (AP)

THOPIREDDY LOKANADHA REDDY v. The State of Andhra Pradesh

WP/15419/2025 · 2025-06-23

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

4 i IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15419 OF 2025 Between: Thopireddy Lokanadha Reddy, S/o. Thoppireddy Venkata Reddy, Aged about 49 years. Residing at Plot No.9, D.No.9-38/1, SKS Garden, Perumallapalle, Kaluru, Mallavaram Tirupati Rural, Tirupathi District ...Petitioner AND 1 The State of Andhra Pradesh, Rep by its Principal Secretary, Home Department, AP Secretariat, Velagapudi, Amaravati, Guntur District 2. The Special Investigation Team, Rep by Commissioner of Police Vijayawada, Vijayawada, NTR Krishna District, Andhra Pradesh. 3. The Investigating Officer cum Additional Superintendent of Police, Special Investigation Team SIT, 2nd Floor Office of Commissioner of Police, Vijayawada, NTR Krishna District, Andhra Pradesh. 4. Crime Investigation Department CID, Rep. By Additional Director General of Police, AP Police State Head Quarters Mangalagiri, Andhra Pradesh, 522 503 ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ more particularly in the form of Writ of Mandamus declaring the action of the Respondent No. 2 in abusing the / provisions of BNSS and issuing Notice dated 23.06.2025 whereby coercing me to appear on 25.06.2025 before him at Vijayawada in connection with . FIR No. 21 of 2024 on the file of CID PS, Mangalagiri, Andhra Pradesh is as per se illegal, manifestly arbitrary, besides being opposed to the very spirit and object of Justice and Fair-play and Fundamental Rights guaranteed under Article 20 and 21 of the Constitution of India and consequently direct the respondents to examine the petitioner in the presence of the advocate of his choice by giving a well advanced notice and to further record the same audio, video and electronic modes as envisaged under Section 180 of BNSS. V lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the Fligh Court may be pleased to direct the respondents to permit the petitioner to have the presence of an advocate of his choice during the course of investigation and interrogation in respect of FIR No. 21 of 2024 on the file of CID PS, Mangalagiri, Andhra Pradesh by the Respondents, who may remain at a visible distance but beyond hearing range, pending disposal of the writ petition. Counsel for the Petitioner: M/s VMR LEGAL Counsel for the Respondents: GP FOR HOME The Court made the following order: / APHC010309062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY ,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15419/2025 Between: ...PETITIONER Thopireddy Lokanadha Reddy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.VMR LEGAL Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: w / THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15419 OF 2025 ORDER: 1. The learned counsel for the petitioner submits that the petitioner has been issued summons under Section 179 of BNSS and are required for the purpose of investigation in Crime No.21 of 2024 on the file of the C.I.D. Police Station, Mangalagiri, for the alleged offences under Sections 409, 420, and 120(B) read with 34 & 37 IPC, Section 7, 7A, 8, 13(1), (b), 13(2) of Prevention of Corruption Act 1988. 2. The petitioner is apprehending ill treatment coercion, verbal abuse and mental harassment at the hands of the investigating officer. The petitioner has been repeatedly hounded for appearance and issued notice dated 23.06.2025, which was served on the petitioner on 23.06.2025 calling upon the petitioner to appear on 25.06.2025. 3. Heard the learned counsel for the petitioner and after hearing of the learned Assistant Government Pleader and learned standing counsel for the respondent Nos.2 to 4. 4. This Court has considered similar writ petitions and orders passed in WP.No.34842 of 2022, WP.No.8586 of 2025 and WP.No.15307 of 2025. This Court, considering the sensitivity of the case, hereby directs the respondents to follow the directions as under: The 3'’'^ respondent is hereby directed to issue a proper and adequate notice to the petitioner, indicating the date and time for his examination in 1. accordance with Section 179 of BNSS. The petitioner shall also be permitted to be examined in the presence of their counsel. 2. The 3'^'^ respondent is further directed to conduct the examination from 11:00 am to 1:00 pm with a lunch break, and thereafter from 2:00 pm to 5:00 pm on the day as notified in the notice issued to the petitioner. 5. As the petitioner is summoned as witness under BNSS, no coercive steps to be taken against the petitioner during his examination. 6. It is made clear that the examination will be conducted in the presence of the petitioner’s counsel; however, the learned counsel shall maintain a reasonable distance from the place of enquiry. 7. With the above observations, the present writ petition is disposed off at the admission stage. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// tr To, SECTION OFFICER 1. The Principal Secretary, Home Department, State of Andhra Pradesh AP Secretariat, Velagapudi, Amaravati, Guntur District 2. The Commissioner of Police Vijayawada, Special Investigation Team, Vijayawada, NTR Krishna District, Andhra Pradesh. 3. The Investigating Officer cum Additional Superintendent of Police, Special Investigation Team SIT, 2nd Floor Office of Commissioner of Police, Vijayawada, NTR Krishna District, Andhra Pradesh. 4. The Additional Director General of Police,Crime Investigation Department CID, AP Police State Head Quarters Mangalagiri, Andhra Pradesh, 522 503 f 5. One CC to M/s VMR Legal Advocate [OPUC] 6. Two CCs to GP for Home, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies GSC 1! f \ HIGH COURT DATED:24/06/2025 ORDER WP.No.15419of2025 I 2 5 JtJN 2n’') .z ^ . Current secnon ^ % >y/ DISPOSING THE WP WITHOUT COSTS